Wood River times. [volume] (Hailey, Idaho) 1882-1915, 1887-08-05
1t Slipped Through Congress "Amid
4. the Tumult''-lts Construction as Al.
fecting British Investors.

of high standing, principally in mat
tiers relating to railway and mining
interests. He is here temporarily,
and in reply to the interrogatories of
our representative said that he was
induced to devote q great deal of
time and attention to this Bill, both
before and since it has become opera
tive, at the request OF his many legal
and other correspondents in England.
"The Alien Act" said Mr.. Lown, was
introduced in Congress some two or
three years ago. It was the creation
of Congressman L. H. Payson, who
ranks among the watch. dogs of the
Treasury, and whose great hobby is
to prevent the issue OF the enormous
grants of land which the railway COM
panies have been in the habit OF COB
bling under special acts of Congress.
1t was first introduced, however, in
the Senate by Senator Plumb, of Kan
sas, who is also monomaniac on the
encroachment of corporations, known
as the great cattle companies, who
are equally greedy in appropriating
United States grazing lands for the
development of their cattle compan-
les. l do not think that either Sen.
ator Plumb or Mr.. Payson, at the
time the bill was introduced, had an
idea that it would affect mining in
terests in the Territories Of the United
States, though l have heard that the
Financial News some time ago pub
lished letter in which Senator Plumb
is reported as having said that he
knew all the while how the bill would
affect mining interests. The Alien
Act was naturally repulsive to Eng
lish capitalists" added Mr.. Lown,
land l was importuned by some of
the leading capitalists in England to
do what l could to prevent the pass
age of the bill in the shape in which
it was first introduced. l accordingly
went to Washington and conferred
with several members of Congress,
and left there perfectly satisfied that
it would never become law if it af-
fected the mining interests in the
Territories. Congress adjourned
twice without the bill being called
up; but last session while was called
away unexpectedly, the matter came
up and the bill was rushed through
without anybody offering any oppo-
sition whatever-in fact, it went
through something after the fashion
of King Georges entry into Heaven,
which Byron describes in his vision
of Judgment as a slip in amid the
tumult.' Notwithstanding, it readily
received the Presidential signature on
account of its not having met with
any opposition, and consequently be-
came law. Soon after this received
many cablegrams and letters from
gentlemen over here to the effect that
their interests would suffer by the un-
certainty of the construction of the
law as respecting investments already
made and to be made by aliens in
the Territories. My own impression
after giving the matter a great deal
of consideration-was that many diff
ferent constructions could be put up
on the law, and l thereupon under
took to invoke the opinions of several
leading lawyers in the United States,
all of whom, l am pleased to say,
coinciIed with the views then held.
However, in order to settle the point
definitely, caused petition to be
presented to the President of the
United States, asking that the Attor-
ney- General might be instructed to
submit for his own consideration an
opinion which would cover the several
points at issue. Among these ques-
tons were four which are pertinent to
the interests of British investors:
"First-Was the Act intended to,
and does it apply to mines? Sec
ond Can aliens lawfully acquire,
own, and hold shares or stock issued
by an American corporation which is
the owner of mineral lands in the
Territories? Third-Would the ad-
vanoement of money by aliens for the
purpose of developing mining prop
critics be lawful under the Act ?
Fourth-Can aliens lawfully contract
with American owners for working
mines or making any proper use of
mineral lands for term of years?"
THE ATTORNEY GENERALS REPLY.
reply to the inquiries submitted as
follows:
l. As mines are real estate, or in
heritable interests in real estate, the
Act does apply to them.
2. AS stock in q corporation is per
sonalty, an alien can lawfully have,
own, and hold shares of stock issued
by an American corporation, which is
now the owner of mineral lands in
Territories; but if the holding by
aliens exceeds 20 per cent, such cor
poration can neither acquire, hold, nor
own hereafter acquired real estate,
willie more than 20 per cent. of stock
is held and owned by aliens.
8. Under the ACT the advancement
Of money hereafter by aliens for the